House File 252 - Introduced HOUSE FILE 252 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 28) A BILL FOR An Act relating to the calculation of certain court costs in 1 probate matters, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1816HV (3) 87 jh/rj

H.F. 252 Section 1. Section 633.31, Code 2017, is amended to read as 1 follows: 2 633.31 Calendar —— fees court costs in probate. 3 1. The clerk shall keep a court calendar, and enter thereon 4 such matters as the court may prescribe. 5 2. The clerk shall charge and collect the following fees 6 court costs in connection with probate matters, which shall be 7 deposited in the account established under section 602.8108 : 8 a. For services performed in short form probates pursuant 9 to sections 450.22 and 450.44 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 10 b. For services performed in probate of 11 will without administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 12 c. For filing and indexing a transcript . . . . . . . . . . . . . $ 50.00 13 d. For taking and approving a bond, or 14 the sureties on a bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 15 e. For entering a rule or order . . . . . . . . . . . . . . . . . . . . $ 10.00 16 f. For certificate and seal . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 17 g. For making a complete record where 18 real estate is sold . . . . . per 100 words . . . . . . . . . . . . . . . . $ .20 19 h. For making a transcript or copies of 20 orders or records filed in 21 the clerk’s office . . . . . . per 100 words . . . . . . . . . . . . . . . . $ .50 22 i. For certifying change of title . . . . . . . . . . . . . . . . . . $ 20.00 23 j. For issuing commission to 24 appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 25 k. For other services performed in the settlement of the 26 estate of any decedent, minor, person with mental illness, or 27 other persons laboring under legal disability, except where 28 actions are brought by the administrator, guardian, trustee, 29 or person acting in a representative capacity or against that 30 person, or as may be otherwise provided herein, where the value 31 of the personal property and real estate of such a person falls 32 within the following indicated amounts, the fee court costs 33 opposite such amount shall be charged , in accordance with 34 subsection 3 . 35 -1- LSB 1816HV (3) 87 jh/rj 1/ 3

H.F. 252 (1) Up to $3,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00 1 (2) $ 3,000.00 to $ 5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 2 (3) $ 5,000.00 to $ 7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 3 (4) $ 7,000.00 to $ 10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 4 (5) $ 10,000.00 to $ 15,000.00 . . . . . . . . . . . . . . . . . . . . . . . $ 25.00 5 (6) $ 15,000.00 to $ 25,000.00 . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 6 (7) For each additional $25,000.00 or 7 major fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 8 l. For services performed in small 9 estate administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 10 3. a. For purposes of determining the court costs set 11 forth in subsection 2, paragraph “k” , the “value of the personal 12 property and real estate of such a person” means the gross 13 assets of the estate listed in the probate inventory minus the 14 following, unless the proceeds of such assets are payable to 15 the estate: 16 (1) Joint tenancy property. 17 (2) Transfers during such person’s lifetime. 18 (3) Assets payable to beneficiaries, including but not 19 limited to life insurance, annuities, individual retirement 20 accounts, retirement plans, transfer on death accounts, and 21 payable on death accounts. 22 b. The fee court costs set forth in subsection 2 , paragraph 23 “k” , shall not be charged on any property transferred to a 24 testamentary trust from an estate that has been administered 25 in this state and for which court costs have been assessed and 26 paid. 27 c. The court costs set forth in subsection 2, paragraph “k” , 28 shall not be charged on any property transferred to an estate 29 from a conservatorship that has been administered in this state 30 and for which court costs have been assessed and paid. 31 Sec. 2. APPLICABILITY. This Act applies to estates of 32 decedents dying on or after January 1, 2018. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 1816HV (3) 87 jh/rj 2/ 3

H.F. 252 the explanation’s substance by the members of the general assembly. 1 This bill relates to the court costs the clerk of probate 2 court charges and collects in connection with probate matters. 3 Under current law, Code section 633.31(2)(k) provides a 4 sliding scale fee for services performed in connection with the 5 settlement of an estate based upon the value of the decedent’s 6 estate. The bill provides that joint tenancy property, 7 property transfers made during the person’s lifetime, and 8 assets payable to beneficiaries are to be excluded from the 9 value of the decedent’s estate for purposes of determining the 10 fee, described as court costs in the bill, unless the proceeds 11 of such assets are payable to the estate. 12 Additionally, the bill provides that the court costs due 13 to the clerk pursuant to Code section 633.31(2)(k) shall not 14 be charged on any property transferred to an estate from a 15 conservatorship that has been administered in Iowa and for 16 which court costs have been assessed and paid. 17 The bill applies to estates of decedents dying on or after 18 January 1, 2018. 19 -3- LSB 1816HV (3) 87 jh/rj 3/ 3